K Visas in Montgomery County

K visas in Montgomery County allow U.S. citizens to petition for their fiancés, spouses who are overseas, and any derivative children of their spouses or fiancés. These visas can play an important role in bringing families together in the United States.

The process for obtaining a K visa can be complex, and a successful application requires careful attention to detail. Thankfully, an experienced immigration lawyer could help handle your immigration case. They could explain whether a K visa is the right fit for your situation, and if so, they could guide you through the application process.

Categories of K Visa

K visas come in four different categories: K-1s, K-2s, K-3s, and K-4s. Form I-129F is submitted by the U.S. citizen petitioner on behalf of their intended K visa holder. This allows the beneficiary to obtain the K visa.

K-1 and K-2 Visas

K-1s are for U.S. citizens who are petitioning for their fiancé. A K-1 would allow a U.S. citizen to petition for their fiancé to come to the United States. Once the fiancé enters the U.S., they would have to marry within 90 days of entering.

The K-2 allows the U.S. citizen to include the children of their fiancé in the application to enter the U.S.

K-3 and K-4 Visas

The K-3 visas are for the spouses of U.S. citizen who are overseas for multiple reasons. The K-3 Visa process involves several steps. First, the Form I-130 has to be submitted on behalf of the spouse, but the I-130 cannot have been adjudicated yet by USCIS. With the K-3 visa, a U.S. citizen will be able to file the K-3 in order for their spouse to enter the U.S. while they wait for their I-130 to be approved. The K-4 visa is for the children of the K-3 visa holder.

Application Process

To apply for a K-1 or K-2 visa, a person has to submit Form I-129F showing the relationship between the petitioner and the beneficiary. One of the requirements is that the couple has met in person within the last two years. They could have known each other for much longer, but it is required that they have seen each other within the last two years in order to be able to file the petition

After the petition is submitted and approved, the K-1 and K-2 visa holders enter the U.S., and they have to marry within 90 days. Once they marry the U.S. citizen, the beneficiary will be able to file to adjust in order to become a lawful permanent resident.

For a K-3 and K-4 visa, the U.S. citizen petitioner and the immigrant beneficiary must have already married before filing. The petitioner files Form I-130 on behalf of the beneficiary and then files the Form I-129F, which would allow the beneficiary spouse and any children of the beneficiary spouse to enter the U.S. as they await the adjudication of Form I-130. Once they enter as K-3s or K-4s, they will be able to file the Form I-485 to adjust their status.

Required Documents

For the K-1 fiancé and the K-2 derivatives of the fiancé, the couple will have to show that the petitioner and the beneficiary fiancé are able to marry. They need to prove that they are both over 18, single, and have met each other in person within the last two years. They must intend to marry within 90 days of the beneficiary entering the U.S., then they would need to submit documentation, which could include information about:

  • Passports
  • Former marriages and divorces
  • Medical examinations
  • Criminal histories
  • Photographs

For K-3 beneficiaries, they have to show that they are married and that the Form I-130 petition was submitted on behalf of the beneficiary spouse. In addition to that, they will have to show proof of the U.S. citizenship status, whether it be through naturalization or birth. If they are including any derivatives, they will need birth certificates of the K-4 visa applicant.

Because the I-130 is pending, they will be able to submit Form I-129F showing that a Form I-130 was already filed on behalf of the petitioner. USCIS and the National Visa Center would request documentation to back up the information on the application.

Let an Experienced Immigration Attorney Handle Your Case

Many families have used K visas in Montgomery County to come together in the United States. If you need sound advice on the best immigration process for your situation, or you would like help putting together a solid application, you should seek the services of a knowledgeable immigration lawyer. Call today to discuss your situation and begin working towards a better life for your family.